Introduction

Introduction

Dr. Katherine Simpson, FCIArb, is an active arbitrator and mediator, who is also based in the US (through Simpson Dispute Resolution).  She has served as Tribunal Secretary in nearly 30 international commercial and investment cases chaired by Prof. Dr. Karl-Heinz Böckstiegel, Prof. William (Rusty) Park, and Prof. Dr. Klaus Peter Berger.  Several of these matters have become the most influential arbitration cases of the past decade, including Bear Creek v. Peru (ICSID 14/21) (elaborating the need for a “social license” to conduct business), and UP v. Hungary (ICSID 13/35) (Global Arbitration Review’s “Most Important Award” of 2019, which found that the Achmea Decision does not affect ICSID jurisdiction).

Dr. Simpson has nearly one decade of experience in international arbitration and, in 2019, was invited to join the AAA-ICDR international panel.  While she has worked in a range of fields, she has particular experience in commercial, construction, energy, human rights, and financial disputes. 

Dr. Simpson is an Adjunct Clinical Assistant Professor of Law at the University of Michigan Law School.  Alongside her appointment with the Law School, Dr. Simpson serves as coach to Kabarak University’s (Kenya) 2019 FDI Moot Court Team.  Dr. Simpson has served as a visiting professor at the University of Bucharest, where she designed and taught comparative and cross-cultural courses on international dispute resolution and on evidence and document production in international arbitration. Dr. Simpson also taught legal research, analysis, writing, and advocacy at the University of Cologne.  

Dr. Simpson’s academic and professional background involves the resolution of complex international disputes – whether between states, between companies, or the combination.  A true internationalist, Dr. Simpson has benefited from extensive legal training in the U.S. and Germany.  While her legal education and training related to international arbitration is predominantly European (German civil law), she is well-versed in the U.S. approaches to international arbitration.  She teaches courses on legal writing and analysis and international commercial arbitration at the University of Michigan Law School.

Dr. Simpson is an arbitrator and provides arbitration services. Dr. Simpson does not provide barrister services. 

Arbitration & Mediation

Arbitration & Mediation

Dr. Simpson has served as Secretary or Assistant to the Tribunal in roughly 30 complex arbitrations chaired by Profs. Karl-Heinz Böckstiegel, William W. (Rusty) Park, and Klaus Peter Berger.  These international investment and commercial arbitration cases had amounts in controversy ranging from USD 5 million – USD 2.5 billion and involved a wide variety of industry areas, including international tourism, mining, oil & gas, financial services, and joint ventures. 

Several of these matters have become the most influential arbitration cases of the past decade and include Bear Creek v. Peru (ICSID 14/21) (elaborating the need for a “social license” to conduct business), and UP v. Hungary (ICSID 13/35) (Global Arbitration Review’s “Most Important Award” of 2019, which found that the Achmea Decision does not affect ICSID jurisdiction).

Dr. Simpson is familiar with the needs of cases involving state parties and purely commercial parties.  She has experience in cases conducted under the rules of the International Chamber of Commerce (“ICC”), London Court of International Arbitration (“LCIA”), Dubai International Arbitration Centre (“DIAC”), the German Institution of Arbitration (“DIS”), or the Chinese European Arbitration Centre (“CEAC”). 

Dr. Simpson has served in ad hoc arbitrations using the 2010 version of the United Nations Commission on International Trade Law (“UNCITRAL”) Rules and in investor-state arbitrations before the Stockholm Chamber of Commerce (“SCC”) and the International Centre for Settlement of Investment Disputes (“ICSID”).

Testimonials

Testimonials

Prof. Dr. Karl-Heinz Böckstiegel (2018):  Starting from her time some eight years ago when she was at Cologne University, Katherine Simpson has helped me in many of the commercial and investment cases I chaired, as Secretary or Assistant to the Tribunal. She proved to be highly efficient in supporting my case management, researching sources, or providing narrative drafts for decisions the Tribunal had to make. Other members of the tribunal and the staff of various arbitration institutions appreciated her work and she was well respected by counsel of the parties. Obviously, over the years, she gained a large amount of experience and I have no doubt that, by now, she could efficiently and successfully serve as an arbitrator.

Prof. William W. (Rusty) Park (2018):  Dr. Simpson has been an excellent Tribunal Secretary and has now doubtlessly arrived at the point where she will provide fine service as an efficient and intelligent arbitrator.

 

Qualifications

Qualifications

Dr. Simpson is an attorney who is admitted to practice law in Maryland and New Jersey, USA.

She is a Fellow of the Chartered Institute of Arbitrators.

Dr. Simpson is not a Barrister and does not provide Barrister services.

Education and Training

Education and Training

University of Cologne, Cologne, Germany

  • Doctoral Degree (Dr. iur., magna cum laude), Dissertation: Access to Basic Financial Services - a Comparative Analysis
  • Masters Degree (LL.M., summa cum laude), Internationales Wirtschaftsrecht (translated:  International Business and Economic Law), Concentration: International Investment Law, Labor and Social Law

University of Baltimore School of Law, Baltimore, MD USA

  • Juris Doctor (J.D.), Concentration: International Law

University of Bonn, Center for European Integration Studies, Bonn, Germany

  • Master in European Studies

Ohio University, Athens, OH USA

  • Master of Arts (M.A.) - Political Science/International Relations
  • Bachelor of Arts (A.B.) - Honors Tutorial College, Political Science
  • Certificate: Global Learning Community (interdisciplinary)

Additional Certifications and Non-Degree Education and Training

  • Hague Academy of International Law, Private International Law, The Hague, The Netherlands
  • Arbitration Academy, International Academy for Arbitration Law, Paris, France
  • Cologne Academies, Academy on Mediation, Cologne, Germany
  • Düsseldorf Arbitration School, Düsseldorf, Germany
  • Cologne Academies, Academy on Arbitration, Cologne, Germany

Teaching Experience

Teaching Experience

University of Michigan, Ann Arbor, Michigan USA (2016 - Present)

  • Adjunct Clinical Assistant Professor, Legal Research, Writing, and Analysis and International Commercial Arbitration

University of Bucharest, Bucharest, Romania (2015, 2016)

  • Visiting Professor, International Commercial Arbitration

University of Cologne, Cologne, Germany (2009 - 2013)

  • Coach, Telders International Law Moot Court Team 
  • Coach, Foreign Direct Investment Law Moot Court Team 
  • Coach, Willem C. Vis International Commercial Arbitration Moot Court Team

Appointments

Appointments

Dr. Simpson is an Adjunct Clinical Assistant Professor of Law at the University of Michigan Law School, teaching (1) Legal Research, Writing, and Advocacy and (2) International Commercial Arbitration.

Dr. Simpson was appointed as a Visiting Professor at the University of Bucharest, Romania, where she taught international arbitration, in 2015 and 2016.

Dr. Simpson has provided expert testimony in matters related to the laws of the European Union.  Her doctorate in international law and banking would support her appointment as an expert in those fields.

Dr. Simpson is a Member of the Peer Review Board, ICSID Review – Foreign Investment Law Journal.

Languages

Languages

  • English: Native Speaker
  • German: Bilingual
  • French: Reading

Memberships

Memberships

Chartered Institute of Arbitrators (Fellow)

Member of the State Bar Associations of Maryland and New Jersey

ArbitralWomen

Atlanta International Arbitration Society

New York International Arbitration Centre

Dr. Simpson is a member of several “panels” and “lists” at major arbitral institutions, including the selective AAA-ICDR international panel.  She is available to arbitrate disputes conducted pursuant to most institutional rules or even ad hoc

She has experience in cases conducted under the rules of the International Chamber of Commerce (“ICC”), London Court of International Arbitration (“LCIA”), Dubai International Arbitration Centre (“DIAC”), the German Institution of Arbitration (“DIS”), or the Chinese European Arbitration Centre (“CEAC”). 

Dr. Simpson has served in ad hoc arbitrations using the 2010 version of the United Nations Commission on International Trade Law (“UNCITRAL”) Rules and in investor-state arbitrations before the Stockholm Chamber of Commerce (“SCC”) and the International Centre for Settlement of Investment Disputes (“ICSID”).

Seminars

Seminars

American Bar Association / Russian Arbitration Association Conference, Moscow, Russia (September 2019)

  • Will moderate a panel on the use of Tribunal Secretaries in International Arbitration.

Financing, Structuring & Investing in Litigation Finance, New York, New York U.S. (June 2019)

  • Spoke as part of the “Regulation, Compliance and Ethical Considerations” Panel on the unique ethical and practical issues raised by the presence of litigation finance in an international dispute.

Skills and Cultures:  The Road Ahead for International Arbitration, Atlanta International Arbitration Society Conference, Atlanta, Georgia U.S. (November 2018)

  • Spoke as part of the “Americas Tertulia” Panel about cultural and ethical considerations in international arbitrations with a US-nexus.   

Publications

Publications

BOOKS

Financial Inclusion & Consumer Empowerment: US and EU Legislation & International Soft Law. Frankfurt am Main: Frankfurt School Verlag, 2015.

BOOK CHAPTERS

"Schiedsgerichtsbarkeit in den USA – Recht und Praxis." In US-Rechtspraxis, edited by Kirk W. Junker, 145-73. De Gruyter Praxishandbuch. Berlin: De Gruyter, 2017.  (translated:  International Commercial Arbitration – Intersections with U.S. Law in Handbook for U.S. Law (de Gruyter, 2017))

 "Besonderheiten des US-Einwanderungsrechts – Ein Blick von Innen." In US-Rechtspraxis, edited by Kirk W. Junker, 392-416. De Gruyter Praxishandbuch. Berlin: De Gruyter, 2017.  (translated:  U.S. Immigration Law for Foreign Lawyers in Handbook for U.S. Law (de Gruyter, 2017))

ARTICLES

"UNCITRAL arbitral tribunal, in unpublicized ruling, finds that Chinese BIT extends to Macao under 'moving treaty frontiers' rule." IA Rep. (July 21, 2014).

"Arbitrators say China BIT allows them to determine if expropriation occurred, but MFN can't be used to broaden jurisdiction further." Luke Eric Peterson, co-author. IA Rep. (July 21, 2014).

"Annulment is not an appeal: ICSID ad hoc committee dismiss Paraguay's application to annul SGS v. Paraguay award." IA Rep. (June 13, 2014).

"Arbitrators see no deliberate 'closing of eyes' by investors with respect to conduct by its local business partner (Minnotte & Lewis v. Poland)." Luke Eric Peterson, co-author. IA Rep. (June 6, 2014).

"Tribunal rules that Australia BIT does not express advance consent to arbitration; a dozen other Australian treaties are worded similarly." Luke Eric Peterson, co-author. IA Rep. (February 27, 2014).

"Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK." IA Rep. (February 27, 2014).

"UNCITRAL tribunal makes 'abuse of process' finding in face of belated move to take on foreign ownership in order to press claims against state." Luke Eric Peterson, co-author. IA Rep. (February 25, 2014).

"In now-available UNCITRAL award, tribunal chaired by Brigitte Stern says that MFN clause cannot be used to broaden jurisdiction of Germany-Bulgaria treaty." Luke Eric Peterson, co-author. IA Rep. (February 25, 2014).

"Bulgaria obtains enforcement of costs award; court dismisses investor's belated allegation of arbitrator bias due to issue-conflict." Luke Eric Peterson, co-author. IA Rep. (February 14, 2014).

"A Tale of Two Arbitration Courses - The Barbarians Live on the Other Side of the Rhine: My Experience with Two Arbitration Courses." (2011).